Dropped kerb without permission

scottyb84

I posted on here for any solutions and advice but all I'm getting is some great knowledge that people have Googled. I'm not asking for an argument or information on dropped kerbs. This was purely a waste of time but thanks anyway

[Deleted User]

scottyb84 wrote: »

As he has done MANY of driveways and dropped kerbs, his family own a groundwork company, yes he tool this in to consideration and it was not needed as on a very slow road and not on the bend

It does not make a difference on how good he is, what qualifications he has, or whether you think the kerb is safe. The issue is that he is not an approved contractor for the local Council.

We have a pathway that runs accross the (Council owned) grass verge. The tarmac needs to be redone. We cannot just get anyone to do this as the path meets the highway. As others have already mentioned the Council need to ensure that the Highway is safe. The only way that we can have the path redone is to use a Council approved contractor taken from a list supplied by the Council.

You may have an issue when selling if this is noticed on the searches. If so they only thing will be to approach the Council and possibly have the work 'checked' or even redone. After the faffing with trying to get our path redone I would not buy a house with an un-approved dropped kerb.

Cisco001

scottyb84 wrote: »

I posted on here for any solutions and advice but all I'm getting is some great knowledge that people have Googled. I'm not asking for an argument or information on dropped kerbs. This was purely a waste of time but thanks anyway

The solution is consult the council on what your mum have done. Only they can decide if they grant you permission.

Hoploz

If he already checked and it isn't a planning issue, and she owns all the land, I can't see much of a problem for a buyer, and I think an indemnity against having altered the actual kerb stones themselves would suffice.

At first I was thinking that normally you don't own the pavement, and the council could decide not to grant a right of access, but if this isn't the case I wouldn't worry too much.

Aylesbury_Duck

scottyb84 wrote: »

I posted on here for any solutions and advice but all I'm getting is some great knowledge that people have Googled. I'm not asking for an argument or information on dropped kerbs. This was purely a waste of time but thanks anyway

In other words, you're getting answers you don't like. It seems quite straightforward to answer your original questions:

scottyb84 wrote: »

Will she incur any problems when selling?

Possibly, yes.

scottyb84 wrote: »

If so, what/if can be done?

As others have said, contact the council to see if they will retrospectively approve the work, charge your mum to have it done to their standard or charge her to reinstate the original kerb.

scottyb84 wrote: »

Basically, is there anyway around this?

Yes, cross your fingers and hope.

scottyb84

Aylesbury_Duck wrote: »

In other words, you're getting answers you don't like. It seems quite straightforward to answer your original question

Not at all. The answers are what I know about dropped kerbs etc and not solutions. I didn't ask to be educated. I'm a bricklayer and know about regulations etc, but if my mother wanted to have it done not by council men, then that's her choice.

iammumtoone

I don't think there is a quick solution, she could either own up to the council and await their decision (possibly could be very expensive)

Put on the market and see if anything is mentioned.

How long has she lived there, if the kerb was dropped unofficially then there will be no record of the date it was done, so in theory she may not know anything about council if permission was obtained.

I knew someone who was buying a property where the kerb was not dropped but the vendors had build a garage in the garden with a large gate for a car to go through, it held up the buying process and in the end I think they had to put a fence in place of the gate!.

Furts

scottyb84 wrote: »

Not at all. The answers are what I know about dropped kerbs etc and not solutions. I didn't ask to be educated. I'm a bricklayer and know about regulations etc, but if my mother wanted to have it done not by council men, then that's her choice.

You might know all about drop kerbs but the real solution was to use this knowledge to advise your mum on her new drive and tell her not to be foolish.

A new drive and drop kerb is as obvious as the nose on one's face. Of course it will cause problems if one sells now or in the near future. However, some people will not be bothered by it, others will use it as a bargaining tool, some surveyors will not comment on it and so on.

A commercial decision has been made - that is evade the rules, save money, take a risk and have a punt. Your mum has balanced this against the risks involved. If the intention is to sell in the near future this decision was questionnable.

My MIL recently wanted work doing and was talking with a cowboy contractor. I believed it to be my family duty to intervene and make her see sense.